SUMMERPLACE IMPROVEMENT ASSOCIATION, INC
Board Meeting
December 10, 2012
Minutes
Attending
Board President Walter Garrard, Vice-President Bart Heikes, Directors Mary Beasman and Chuck Pickard and SIA members Jean and Frank Etzel, Lil Miller-Fox, Carol and Phil Glades, Marianne and Frank Mannino, Bill Powers and Dave Wolfram.
A meeting of the Summerplace Improvement Association, Inc. Board was held on Monday, December 10, 2012 at the home of SIA Board President Walter Garrard who called the meeting to order at 4:00 p.m.
Secretary’s Report
Secretary Mary Beasman called the roll of the Board. She advised the minutes of the SIA annual meeting held on November 17, 2012 would be available shortly and requested assistance from Lil Miller-Fox in reviewing the directions to access the Summerplace website which members had asked be included with these minutes.
Treasurer’s Report
Treasurer Janyne Kenworthy was unable to attend the meeting and in her absence, President Walter Garrard presented the Treasurer’s Report as follows:
To date, 37 SIA membership annual dues payments have been received along with 18 assessment payments for repair of the damage caused by Hurricane Sandy to the three Summerplace dune crossovers and stairs.
A payment of $1,500 has been made toward the $3,000 cost of replacing the East Pebble Path dune crossover and stairs which were swept away by the hurricane.
A bill of $3,465 remains outstanding for legal counsel pertaining to the encroachments into the SIA common property and right of way by the property owner at 1801 East Shell Lane. Unfortunately, the Board was forced to retain counsel due to the threat of litigation and the serving of a subpoena in this situation between the property owner and the County. This bill will be paid in small monthly payments beginning after the first of the year. The Board will try to negotiate a discounted settlement amount during 2013.
Walter informed the Board that Janyne Kenworthy has resigned as Treasurer. The Board recognized Janyne and gratefully acknowledged her 17 years of service to SIA. In the next few weeks, Jayne will work with Sue Harvey, who has accepted the position of Treasurer. Sue has over 25 years in accounting and financial management. Most recently Sue was Controller of Indian River Habitat for Humanity before moving to the Boys and Girls Club of IRC where she is currently employed as Controller. Sue and her husband Roger have lived in Vero Beach since 2004 and are Summerplace property owners of 1880 East Pebble Path, where they will begin construction on their home in early 2013.
Maintenance Report
Maintenance Chair Chuck Pickard reported that pepper trees had been cleared along the fence adjacent to the Quickel property on East Barefoot Place. Chuck will follow-up on the large pile of debris from this work that has yet to be picked up. He noted that yard waste is required to be cut into 4-foot lengths for Wednesday pick-up and with a major amount of yard waste, it is best to set it out for pick-up over several weeks.
Phil Glades requested that members of the Maintenance Committee look into the continuing water leak outside the Lauer property on East Pebble Path. He expressed concern this could be a percolation problem as the septic tank on the property is located in the area where there is water seepage.
President’s Report
Walter advised that the court reporter mailed her report last Friday, December 7, 2012. This report records, verifies and certifies the membership vote at the SIA annual meeting on November 17, 2012, approving existing SIA by-laws and covenants as required per state statute. Pending receipt of the report, members of the SIA By-Laws Committee will send the report and documents to the State of Florida Department of Community Affairs for approval. Then the revived SIA by-laws and covenants must be recorded in Indian River County.
The by-laws committee will initiate the review of existing SIA by-laws and covenants as required every 30-years by state statute. Review of the documents will include updating as necessary to concur with state statues and federal law.
Walter reported that, together with Dave Courage and Chuck Pickard, he attended a meeting of the Sebastian Inlet Commission last week and spoke with Indian River County Coastal Engineer James Gray. Mr. Gray indicated that dune restoration due to damage caused by Hurricane Sandy was currently planned for north of Summerplace within 2 miles of Sebastian Inlet. Additionally, some dune restoration will be done at Wabasso Beach, including replacement of sand washed away by the storm when sea water swept behind the seawall at 1801 E. Shell Lane.
Mr. Gray advised that during the construction of the seawall in 1996, the county conducted a survey of all beachfront properties. Based on this survey, the county set an erosion control line designating individual beachfront property limits extending east between 50-70 feet, depending on the property. However, Mr. Gray stated this does not permit beachfront property owners to build anything other than tear-away stairs by FDEP permit in this area; nor can individual beachfront property owners restrict the public from the 50-70 foot section of the beach in front of their property.
Action Items
SIA Board Vacancy: Walter announced that James Kenworthy has resigned from the Board. Chuck suggested that it was advisable to maintain a geographical balance on the Board and appoint someone from the East side of Summerplace to serve out James’ term. The Board concurred with this. Following discussion, Bart Heikes made a motion to appoint David Wolfram of East Shell Lane to the Board. Chuck seconded the motion which was approved by a unanimous vote of the Board and Walter welcomed Dave to the Board.
Architectural Review Committee Vacancy: Walter suggested that Tim Lauer of East Pebble Path be appointed to replace him as a member of the ARC. A motion to appoint Tim to the ARC was made by Bart and seconded by Dave and approved by a unanimous vote of the Board. As President, Walter will appoint the chair of the committee.
Beach Access Stair Replacement: Walter met with the contractor for the three Summerplace beach access areas and provided the following information regarding the repair and replacement necessary due to the damage caused by Hurricane Sandy:
East Shell Lane: Several stairs are gone from this beach access and the remaining stairs are twisted. Repair can be accomplished using salvage wood, but the hardware has to be replaced as the current hardware is not stainless. Walter advised the cost to accomplish this would be $2,500 which was the original bid from the contractor. Concern was expressed that this beach access, as well as the one on East Barefoot Place had been further compromised following Hurricane Sandy by an employee of the contractor who loosened the bolts on these structures. However, it was determined the recent strong winds and excessively rough surf on-going for over two weeks were the primary factors in causing the additional damage to these structures. Frank Etzel requested that the warning tape be kept on the East Shell Lane beach access to prevent the possibility of liability if there was an accident by someone trying to use the stairs.
East Pebble Path: Walter reminded the Board that $1,500 of the total $3,000 has already been allotted for the replacement of this beach access which will be the same design as the dune crossing and stairs that were swept away. Phil Glades noted materials have been on site and asked why construction had not started as the contract had been approved for the East Pebble Path beach access. A start date of November 19, 2012 was announced at the annual meeting and Phil stressed the importance of having the beach access completed within the next two weeks. Chuck explained it has not been possible to work on the beach due to the combination of rough surf for over two weeks and the recent excessively high tides with the full moon.
Phil and Carol have researched retractable aluminum stairs as an alternative to future repair or replacement of our wooden beach stairs. Retractable aluminum stairs from Alumindock do not require any beach pilings and attach to a cantilevered wooden dune crossing off of the beach access. Estimated total cost would be approximately $4,000 with stairs, cantilevered crossing, and lifting gallows, with an additional charge of $550 for shipping. Carol will research whether there is a local fabricator who manufactures these at a lower cost.
Chuck suggested retractable aluminum stairs were an attractive option for the future. However, in addition to the cost, it would have to be determined where the stairs could be retracted at each beach access. This would require a permanent legal easement to raise the stairs on property owned by individuals. The consensus was the current wooden dune crossovers and stairs needed to be repaired or replaced as soon as possible, but it would be worthwhile to pursue the possibility of replacing these with retractable aluminum stairs as necessary in the future.
East Barefoot Place: Walter reported that the property owner at 1802 East Barefoot Place remains concerned about the community use of the dune crossover and stairs adjacent to his property. The owner continues to claim the 6 feet of HOA beach access is designated only for passage to the beach and that the dune crossover and benches at the end of the East Barefoot Place beach access should not be part of this access and, therefore, the dune crossover should not be replaced. In an email to Walter, the owner insisted his privacy is invaded by those who lounge, talk or use cell phones on the dune crossover and stated the dune crossover should be removed to prevent community members from sitting or standing there.
The owner has proposed that he is willing to bear the expense of constructing new stairs to the beach at the end of East Barefoot Place with a crossover deck below the level of the seawall.
After discussion, Chuck made a motion that SIA, Inc. proceed with the planned repair of the East Barefoot Place beach access, keeping the dune crossover at the seawall level, but angling it to avoid any encroachment onto the property at 1802 East Barefoot Place, while still allowing for easy access to and from the beach. The motion was seconded and passed unanimously.
Walter indicated the repair to the East Barefoot Place beach access would cost $1,500 based on using salvage materials except for possibly one piling that would have to be replaced. Permits have been issued for all three beach accesses and following the meeting, Walter will call the contractor to have work proceed immediately beginning with East Pebble Path, then, East Barefoot Place and East Shell Lane. Pending any problems with construction or the weather, each beach access will require 4-6 days to complete.
The discussion moved onto a situation last summer when teenagers from outside of Summerplace illegally built a crude structure on the beach in front of 1802 East Barefoot Place. Additionally, they parked their cars on East Barefoot Place and used the beach stairs to get to and from the beach and the dune crossover for gathering and partying. None of this is permitted and residents of East Barefoot Place called the sheriff who dealt with the teenagers and the structure was torn down.
Walter will advise the property owner at 1802 East Barefoot Place that this situation was out of the ordinary in Summerplace and is not apt to occur again. Should anything similar happen in the future, the sheriff should be called immediately to take care of the situation.
Unfinished Business
Chuck reported that the bank has subcontracted the clean-up of the Tabor house and property on West Shell Lane.
Walter is working with Wells Fargo to secure the annual dues and interest of approximately $708 owed on the Bierman Property on East Barefoot Place. Bart noted the house is now on the market for $369,000.
New Business
Walter advised work has started on the repair of the seawall and will include removal of the graffiti. This project should be completed in 4-5 weeks.
It was noted that the encroachments into SIA common property and right of way at 1801 East Shell Lane are being addressed. By order of the County, these encroachments must be removed by the property owner by January 28, 2013.
Additionally work continues on the Graff home on East Shell Lane. Dave informed those present there had been a break-in at the construction site last week, but the perpetrators were unable to gain access to the house.
With no further business, the meeting adjourned at 5:00 p.m.
Respectfully submitted,
Mary Beasman, Secretary